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<!doctype html>
<html lang="en">
<head>
<meta charset="utf-8">
<meta http-equiv="X-UA-Compatible" content="chrome=1">
<title>Terms of Use and Service</title>
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<div class="wrapper">
<header>
<h1>Catrobat</h1>
<p>A visual programming language<br/> and set of creativity tools<br/></p>
<p class="view"><a href="https://www.catrobat.org/">Home</a></p>
<p class="view">
<a href="mailto:legal@catrobat.org">Legal Contact</a><br/>
</p>
</header>
<section>
<h2>Terms of Use and Service<br/>(a.k.a. End User License Agreement)</h2>
<p>Version 4.0, 23 May 2022</p>
<h3>1. Your Acceptance</h3>
<ol type="a">
<li>By using or visiting any website (including any software that we created which either runs directly on Catrobat's servers, or alternatively runs client-side, e.g., in your browser, but is served by Catrobat's servers) or products (including all of Catrobat's web-services provided by software that we created which are offered through Catrobat's servers), all executables we offer on any markets or the web (including, e.g., the Google Play App Store, Apple's iTunes App Store, Amazon's App Store, etc), data feeds, and services provided to you on, from, or through the Catrobat project (collectively the “Software Applications and Services”), you signify your agreement to (1) these terms and conditions (the "Terms of Use and Service"), (2) Catrobat's privacy notice, found at <a href="https://catrob.at/privacypolicy">https://catrob.at/privacypolicy</a> and incorporated herein by reference, and (3) Catrobat's Community Guidelines, found at <a href="https://catrob.at/tou">https://catrob.at/tou</a>. If you do not agree to any of these terms, the Catrobat privacy notice, or the Community Guidelines, please do not use the Software Applications and Services.</li>
<li>Although we may attempt to notify you when major changes are made to these Terms of Use and Service, you should periodically review the most up-to-date version (<a href="https://catrob.at/touas">https://catrob.at/touas</a>). The Catrobat team may, in its sole discretion, modify or revise these Terms of Use and Service and policies at any time, and you agree to be bound by such modifications or revisions.</li>
</ol>
<h3>2. Use of Software Applications and Services</h3>
<ol type="a">
<li>These Terms of Use and Service apply to all users of the Software Applications and Services, including users who are also contributors of Content to the Software Applications and Services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Software Applications and Services. The Software Applications and Services include all aspects of Catrobat, including but not limited to all products, software, and services offered via Catrobat's websites.</li>
<li>The Software Applications and Services may contain links to third party websites that are not owned or controlled by the Catrobat team (in the following also called “Catrobat”). Catrobat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Catrobat will not and cannot censor or edit the content of any third-party site. By using the Software Applications and Services, you expressly relieve Catrobat from any and all liability arising from your use of any third-party website.</li>
<li>Accordingly, we encourage you to be aware when you leave the Software Applications and Services and to read the terms and conditions and privacy policy of each other website that you visit.</li>
</ol>
<h3>3. Catrobat Accounts</h3>
<ol type="a">
<li>In order to access some features of the Software Applications and Services, you will have to create a Catrobat account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.</li>
<li>Although Catrobat will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Catrobat or others due to such unauthorized use.</li>
</ol>
<h3>4. General Use of the Software Applications and Services --- Permissions and Restrictions</h3>
<p>Catrobat hereby grants or denies you permission to access and use the Software Applications and Services as set forth in these Terms of Use and Service, as follows:</p>
<ol type="a">
<li>If you, or, in case you are under 13 years of age, any one of your parents or your legal guardians, in the following called the “Responsible”, have been in the past and/or still are associated at this moment with a commercial, governmental, or any other type of legal entity, here meant to also include international and/or religious organizations, as well as you yourself as a private person, but excluding whole countries, in the following called the “Entity”, that is involved in and/or responsible for dragnet type privacy violations and/or bulk or mass surveillance, independently of any legitimate or illegitimate reason whatsoever (including but not limited to reasons of national or international security, fighting against terrorism, following the law, and/or the “preservation of social stability”), in the following collectively called “Acts”, then you are not allowed to use and/or to access Catrobat’s Software Applications and Services. All suborganizations being part of a larger organization (in case of federal, national, state, regional, tribal, and/or local governments of countries or unions of countries, e.g., the European Union, independently of whether the country is universally recognized or not: its legislative branches, executive branches, judicial branches, congress, senates, houses (of representatives, of lords, etc), parliaments, courts, heads, armies, embassies, agencies (including secret, quasi-official, and/or so-called independent but associated agencies), cabinets, headquarters, corporations (including government-owned corporations as well as private regulatory corporations created by the government but independent of other entities), institutions, boards, missions, ministries, commissions, chartered organizations, government-sponsored enterprises, and/or other major named suborganizations (certain “capital-letter”-type suborganizations with their own official name, sometimes called Bureau, Office, Department, Division, Institute, and/or Services; however, normal offices of a department etc in the general common sense of the words, as well as teams called “Compartments”, are explicitly not to be included), as well as their equivalents in languages other than English) are here to be considered as separate organizations; however, all persons associated with hierarchically higher-level organizations (higher-level organizations here are meant to include all organizations that have any kind of power or responsibility over an Entity involved in and/or responsible for an Act and/or over Entities that themselves are higher-level Entities to an Entity involved in and/or responsible for an Act through a recursive associative hierarchical relation; power here is meant to also include situations where the lower-level Entity in any way operates under or must report to the higher-level Entity) and their children below 13 years of age are also not allowed to use and/or access Catrobat’s Software Applications and Services, even if the hierarchically lower-level Entity acted independently, illegally, and/or against orders or policies set forth by the higher-level Entity, and even if nobody associated with the higher-level Entity was aware of any Acts of the lower-level Entity; whereas persons associated with other Entities on the same or on a lower hierarchical level are not prohibited by these Terms of Use and Services of using and/or accessing Catrobat’s Software Applications and Services as long as they are not otherwise associated with Entities involved in and/or responsible for Acts (e.g., if a National Security Agency is involved in and/or responsible for Acts, operates under the jurisdiction of the Office of the Secretary of Defense that itself is part of the Department of Defense headed by the Secretary of Defense who is a member of the Cabinet, and you are working at this Office of the Secretary of Defense or at the Cabinet, or are yourself the Secretary of Defense, then you and your children below 13 years of age are not allowed to use and/or access Catrobat’s Software Applications and Services; however, if, again, a National Security Agency is involved in and/or responsible for Acts and operates under the jurisdiction of the Office of the Secretary of Defense, and the Defense Logistics Agency also operates under the jurisdiction of the Office of the Secretary of Defense but itself is not involved in and/or responsible for Acts and also is not using the results of the Acts of any other Entity, and you are working for the Defense Logistics Agency and are not otherwise associated with any other Entity involved in and/or responsible for Acts, then you and your children below 13 years of age are allowed to use and/or access Catrobat’s Software Applications and Services). Being associated here means that the Responsible either has been in the past or currently still is: working for, owning, heading, leading, managing, directing, an officer of, an official for, appointed to, employed by, an agent for, a contractor for, affiliated to, a professionally advisor for, doing volunteer work for, investing into, otherwise significantly supporting (e.g., as a member of an advisory board, or as a financial contributor to a political campaign by any amount per year worth more than the current value of the fine for the violation of this restriction as set forth below; however, merely paying taxes or voting for a political party are not to be considered as sufficiently significant), and/or (as an individual) consisting of the Entity. The involvement and/or responsibility of the Entity here includes but is not limited to, e.g., the ordering, selling, conveying, provisioning, maintaining, management, creation, and/or the intentional use of such surveillance technology, as well as any intentional weakening of security, intentional installation of backdoors, rootkits, keyloggers, or any other type of privacy violating soft- and/or hardware, that are being used for Acts, independently of whether this use is done by the Entity or a third, unrelated party, and independently of whether the Entity is forced to do so under penalty of law, voluntarily, or for whatever other reason. It is also irrelevant whether the Responsible must, for whatever reason, be associated with the Entity: if you are (or, in case you are under 13 years of age, any one of your parents or your legal guardians is) associated with an Entity involved in and/or responsible for Acts, then you and your children below 13 years of age are not allowed to use and/or to access Catrobat’s Software Applications and Services. Violations of this restriction to use and/or access Catrobat’s Software Applications and Services can be prosecuted by law and fined with the amount of 35,000.- € (amount valid in 2019; this amount is to be adjusted by the cumulated official yearly average inflation rate of the European Union), the fine having to be paid privately by each individual Responsible who is violating this restriction. The litigated amount resulting after all official administrative legal fees have been paid to the court, whatever this amount is, must be equally split between</li>
<ol type="i">
<li>the law company that won the litigation,</li>
<li>the Free Software Foundation or, alternatively, one of its sister organizations, and</li>
<li>another broadly recognized non-governmental non-profit organization actively developing free software or actively being involved in the fostering of the preservation of privacy and/or freedom (e.g., the Electronic Frontier Foundation, the Wikimedia Foundation, Amnesty International, the Apache Foundation), the recipients of point (4.a.ii.) and (4.a.iii.) being chosen by the individual or organization that initiated the law suit.</li>
</ol>
<li>Nevertheless, there are four special circumstances under which Responsibles and their children under 13 years of age are allowed to use and access Catrobat’s Software Applications and Services, even when conditions described in Section 4.a would otherwise prohibit them from the usage of and access to Catrobat’s Software Applications and Services:</li>
<ol type="i">
<li>if the Responsible has publicly, i.e., in a way that has made it widely known to anyone interested in such topics, e.g., in mass media that are broadly received all over the world, believably denounced and condemned all Acts of all Entities with which the Responsible has been associated, and the Responsible has from that moment on not been associated anymore with these Entities and/or other Entities involved in and/or responsible for Acts (“whistleblower exception”), or</li>
<li>if all Entities with which the Responsible has been associated and that are and/or have been involved in and/or responsible for Acts, have confessed all and every of these Acts publicly, i.e., in a way that has made it widely known to anyone interested in such topics, e.g., in mass media that are broadly received all over the world, and these Entities have permanently stopped doing all and any Acts, and have destroyed all the mass surveillance data they have collected, in a permanent and complete way (“policy correction exception”), or</li>
<li>if the Responsible was forced to be associated with the Entity because of slavery, under duress, or through coercion (“duress exception”); note, however, that being forced or obliged to be associated with an Entity involved in and/or responsible for Acts because of legal reasons (e.g., by having to follow the law) is explicitly not to be considered as sufficient to be included in this exception, or</li>
<li>if the Responsible, in the following called the “Innocent”, is and/or has been associated with an Entity, in the following called the “Victim Entity”; and if one or several different Responsibles, in the following called “Rogue Associates” who are and/or were associated with the Victim Entity, are associated with a second Entity, in the following called the “Unethical Entity” ; and if anyone of the Rogue Associates is forbidden to use and/or access Catrobat's Software Applications and Services under consideration of Sections 4.a and 4.b through his or her association with the Unethical Entity; and if the Innocent would be forbidden to use and/or access Catrobat's Software Applications and Services under consideration of Sections 4.a and 4.b only because of the Rogue Associates; and if none of the Responsibles associated with the Victim Entity besides the Rogue Associates would be forbidden to use and/or access Catrobat's Software Applications and Services under consideration of Sections 4.a and 4.b except because of the Rogue Associates; and if all and every other Responsibles of the Victim Entity (besides the Rogue Associates) who are not and/or have not been associated with the Unethical Entity and/or any third Entity whose associates are forbidden to use and/or access Catrobat's Software Applications and Services, are not aware of the association of the Rogue Associates with the Unethical Entity (“victim entity exception”).</li>
</ol>
<li>You are granted permission to access and use the Software Applications and Services, provided Section 4.a does not apply to you or Section 4.b does apply to you, and Sections 4.d and 4.e apply to you, and you agree not to use the Software Applications and Services for any of the following institutional or commercial uses unless you obtain Catrobat's prior written approval:</li>
<ol type="i">
<li>the sale of the Software Applications and/or access to the Services;</li>
<li>the sale of advertising, sponsorships, or promotions placed on or within the Software Applications and/or Services and/or Content;</li>
<li>the usage of the Software Applications and/or access to the Services in any offerings or services provided by a commercial, governmental, or any other type of legal entity, including schools, universities, commercial enterprises, national and/or international and/or religious organizations, but excluding private individuals, non-profit legal entities focussing primarily on coding and offering their services free of charge and without advertisements and not for marketing purposes, e.g., coding clubs and/or coding-oriented associations, as well as legal entities using the Software Applications and access to the Services purely for research purposes.</li>
</ol>
<li>You are granted permission to access and use the Software Applications and Services, provided Section 4.a does not apply to you or Section 4.b does apply to you, and Sections 4.c and 4.e apply to you, and you agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the Catrobat servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Catrobat grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Catrobat reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Software Applications and Services, nor to use the communication systems provided by the Software Applications and Services (e.g., comments, forum) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Software Applications and Services with respect to their Content.</li>
<li>You are granted permission to access and use the Software Applications and Services, provided Section 4.a does not apply to you or Section 4.b does apply to you, and Sections 4.c and 4.d apply to you, and that in your use and access of the Software Applications and Services, you will comply with all applicable laws as specified in Section 14.</li>
<li>Catrobat reserves the right to discontinue any aspect of the Software Applications and Services at any time.</li>
</ol>
<h3>5. Your Use of Content</h3>
<p>In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.</p>
<ol type="a">
<li>Content is provided to you AS IS. You may access Content as intended through the provided functionality of the Software Applications and Services and as permitted under these Terms of Use and Service.</li>
<li>You agree not to circumvent, disable or otherwise interfere with security-related features of the Software Applications and Services.</li>
<li>You understand that when using the Software Applications and Services, you will be exposed to Content from a variety of sources, and that Catrobat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Catrobat with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Catrobat, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Software Applications and access to the Services.</li>
</ol>
<h3>6. Your Content and Conduct</h3>
<ol type="a">
<li>As a Catrobat account holder you may submit Content to the Services, including but not limited to software and user comments. You understand that Catrobat does not guarantee any confidentiality with respect to any Content you submit.</li>
<li>You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Catrobat all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms of Use and Service.</li>
<li>For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Catrobat Services, you hereby put this Content under the licenses detailed on <a href="https://catrob.at/licensesofuploads">https://catrob.at/licensesofuploads</a>, thereby granting Catrobat and each user of the Software Applications and Services a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Catrobat's (and its successors' and affiliates') activities, including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you are perpetual and irrevocable.</li>
<li>You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Catrobat all of the license rights granted herein.</li>
<li>You further agree that you will not submit to the Service any Content or other material that is contrary to the Catrobat Community Guidelines, currently found at <a href="https://catrob.at/tou">https://catrob.at/tou</a>, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.</li>
<li>Catrobat does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Catrobat expressly disclaims any and all liability in connection with Content. Catrobat does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Catrobat will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Catrobat reserves the right to remove Content without prior notice.</li>
</ol>
<h3>7. Account Termination Policy</h3>
<ol type="a">
<li>Catrobat will terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.</li>
<li>Catrobat reserves the right to decide whether Content violates these Terms of Use and Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive size. Catrobat may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Use and Service.</li>
</ol>
<h3>8. Copyright Policy</h3>
<ol type="a">
<li>
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Directive 2001/29/EC and other applicable intellectual property laws by contacting us via email with the following information in writing:
<ol type="i">
<li>A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;</li>
<li>Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;</li>
<li>Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;</li>
<li>Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;</li>
<li>A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and</li>
<li>A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li>
</ol>
You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid.
</li>
<li>
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to us via email:
<ol type="i">
<li>Your physical or electronic signature;</li>
<li>Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;</li>
<li>A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and</li>
<li>Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Graz, Austria, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.</li>
</ol>
If a counter-notice is received by us, Catrobat may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Catrobat's sole discretion.
</li>
</ol>
<h3>9. Warranty Disclaimer</h3>
<p>YOU AGREE THAT YOUR USE OF AND/OR ACCESS TO THE SOFTWARE APPLICATIONS AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CATROBAT, ITS TEAM MEMBERS, PROJECT CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE APPLICATIONS AND SERVICES AND YOUR USE THEREOF AND/OR ACCESS TO IT. CATROBAT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS SITES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CATROBAT'S SOFTWARE APPLICATIONS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CATROBAT'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CATROBAT'S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH CATROBAT'S SOFTWARE APPLICATIONS AND SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE APPLICATIONS AND SERVICES. CATROBAT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR CONTENT OFFERED BY A THIRD PARTY THROUGH CATROBAT'S SOFTWARE APPLICATIONS AND SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY WAY, AND CATROBAT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT OR SERVICES. AS WITH THE USE OR PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.</p>
<h3>10. Limitation of Liability</h3>
<p>IN NO EVENT SHALL CATROBAT, ITS TEAM MEMBERS, PROJECT CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CATROBAT'S SOFTWARE APPLICATIONS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CATROBAT'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CATROBAT'S SOFTWARE APPLICATIONS AND SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH CATROBAT'S SOFTWARE APPLICATIONS AND SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CATROBAT'S SOFTWARE APPLICATIONS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CATROBAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CATROBAT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.</p>
<p>The Services are controlled and offered by Catrobat from its facilities in Austria. Catrobat makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.</p>
<h3>11. Interpretation of Sections 9 and 10</h3>
<p>If the disclaimer of warranty and limitation of liability provided in Sections 9 and 10 above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with Catrobat's Software Applications and Services, unless a warranty or assumption of liability accompanies the Software Applications and Services in return for a fee.</p>
<h3>12. Indemnity</h3>
<p>To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Catrobat, its parent institution, team members, project contributors, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Software Applications and access to the Services; (ii) your violation of any term of these Terms of Use and Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Service and your use of the Software Applications and access to the Services.</p>
<h3>13. Ability to Accept Terms of Use and Service</h3>
<p>You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and Service, and to abide by and comply with these Terms of Use and Service. If you are under 13 years of age, then you have to ask your parents or legal guardians whether they allow you to use Catrobat’s Software Applications and Services, and you cannot use Catrobat’s Software Applications and Services unless you have their approval. If, for whatever reason, including local, international, or any other laws, some parts of these Terms of Use and Service cannot be fully applied in your case, then you and your children below 13 years of age are not allowed to use and/or to access Catrobat’s Software Applications and Services as long as these Terms of Use and Service cannot be fully applied in your case. Violations of this restriction to use and/or access Catrobat’s Software Applications and Services are illegal and can be prosecuted unter the same terms as those set forth in Section 4.a above.</p>
<h3>14. General</h3>
<p>You agree that: (i) the Services shall be deemed solely based in Austria; and (ii) the Services shall be deemed passive websites that does not give rise to personal jurisdiction over Catrobat, either specific or general, in jurisdictions other than Austria. These Terms of Use and Service shall be governed by the internal substantive laws of Austria, without respect to its conflict of laws principles. Any claim or dispute between you and Catrobat that arises in whole or in part from the Software Applications and Services shall be decided exclusively by a court of competent jurisdiction located in Graz, Austria. These Terms of Use and Service, together with the Privacy Notice at <a href="https://catrob.at/privacypolicy">https://catrob.at/privacypolicy</a> and any other legal notices published by Catrobat through and/or on the Software Applications and Services, shall constitute the entire agreement between you and Catrobat concerning the Software Applications and Services. If any provision of these Terms of Use and Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use and Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Use and Service shall be deemed a further or continuing waiver of such term or any other term, and Catrobat's failure to assert any right or provision under these Terms of Use and Service shall not constitute a waiver of such right or provision. Catrobat reserves the right to amend these Terms of Use and Service at any time and without notice, and it is your responsibility to review these Terms of Use and Service for any changes. Your use of the Software Applications and access to the Services following any amendment of these Terms of Use and Service will signify your assent to and acceptance of its revised terms.</p>
<p>YOU AND CATROBAT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CATROBAT'S SOFTWARE APPLICATIONS AND SERVICES, WITH THE EXCEPTION OF ANY ACTION ARISING OUT OF OR RELATED TO THE PERMISSIONS AND RESTRICTIONS SET FORTH IN SECTION 4 OF THESE TERMS OF USE AND SERVICE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.</p>
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